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September 24, 2020

Products Liability: Things to Know

When you are injured by the use of a defective product, you are entitled to seek compensation in a civil suit. 

Product liability cases often require expert testimony to explain why the product is defective, and overall, they can be a complicated process. Here are the main things to know in Baton Rouge. 

There Are Different Types of Products Liability Cases

Product liability is the broad description of the duty of care owed by the creators, distributors, and manufacturers of a given product for its users’ safety. There are many different categories of consumer products, so it follows that there can be different underlying causes for a product consumer’s damages. For the purposes of products liability cases, there are three types of defects: 

  • Defective Manufacturing — Applies when a product isn’t manufactured according to its design, leading to damages or injury 
  • Defective Design — Applies when a product is manufactured correctly, meaning the design is inherently flawed or unreasonably dangerous 
  • Improper or Missing Warning of Risk — Applies when a product is missing safety instructions or warning that would be necessary to prevent injury

In order for a products liability case to be successful, a victim or their attorney will resort to one of more of these arguments. 

You Must Prove That the Defective Product Caused Actual Damages

This part can be trickier than it seems. While it’s true that you were injured while using a product, you must be able to prove that it was the defect itself that led to your injury. 

On top of that, you’ll have to demonstrate that your damages were caused by the injury you sustained from said defect. 

In order to do this, you will have to work with your doctor to document the extent of your injuries and the value of any associated medical expenses. When working with a product liability case, most victims will also retain the services of an experienced products liability lawyer to help them argue their case effectively. 

An expert in consumer products may also be relied upon to discuss the unsafe elements of the injury-causing product. 

Products Liability Cases Have a Deadline

A state’s statute of limitations sets the deadline by which a products liability claim must be filed in order for it to be valid. In Louisiana, you have one year from the date of your accident to file your claim. Any claims submitted after that will not be heard. 

In limited circumstances, Louisiana’s date-of-discovery laws will allow you to enter your claim a year from the time you found out or should have reasonably discovered your injury’s relation to the defective product. In any case, a products liability attorney can let you know how the statute of limitations could impact the outcome of your Baton Rouge claim. 

Contact a Louisiana Products Liability Lawyer

The complex litigation surrounding products liability cases is the reason why most victims choose to retain the services of an attorney. If you’re in Louisiana, the experienced legal team at Spencer Calahan Injury Lawyers can help you take on the creators of a defective product to win the settlement you deserve in Baton Rouge. 

Want to speak with a Baton Rouge injury attorney at our firm? Call 225-387-2323 now to schedule a no-obligation review of your case. You can also fill out the form below.